Chapter 5.15
ADULT ARCADE PREMISES
Sections:
5.15.040 Interior configurations and operation.
5.15.060 License requirements.
5.15.070 Sexually oriented adult arcade owner’s license required.
5.15.080 Sexually oriented adult arcade device license required.
5.15.090 License fees – Term – Assignment – Renewals.
5.15.100 License application – Report by City departments.
5.15.110 Inspection of sexually oriented adult arcade premises.
5.15.120 Issuance of licenses.
5.15.130 Suspension or revocation of licenses – Notice – Summary suspension.
5.15.150 Premises regulations.
5.15.160 Duties – Standards of conduct – Operational requirements.
5.15.200 Chapter not intended towards particular group or class.
5.15.010 Findings.
A. Based upon a wide range of evidence presented to the Mountlake Terrace City Council and to other jurisdictions, including but not limited to the testimony of law enforcement officers and members of the public, and on other evidence, information, publications, articles, studies, documents, case law and materials submitted to and reviewed and considered by the City Council and staff, the councils of other cities within the region and in other jurisdictions, nonprofit organizations and other legislative bodies, the City Council finds that the commercial offering of adult entertainment establishments containing sexually oriented adult arcade devices is a use which, although afforded some constitutional protection, often creates or enhances undesirable secondary effects, which include a wide range of criminal and other unlawful activities that have regularly and historically occurred, including prostitution, narcotics and liquor law violations, breaches of the peace, assaults and sexual conduct and other criminal activity involving contact between patrons; and
B. Based upon the specific experiences of adult entertainment establishments containing sexually oriented adult arcade devices within adjacent cities and counties, the City Attorney has advised that the ordinance codified in this chapter be enacted; and
C. It is not the intent of this chapter to suppress any speech activities protected by the First Amendment, but to enact a content-neutral ordinance which addresses the adverse secondary effects of adult entertainment establishments containing sexually oriented adult arcade devices; and
D. The City Council therefore finds that the protection and the preservation of public health, safety and welfare requires establishment of this chapter; and
E. Certain conduct occurring on premises offering sexually oriented adult entertainment is detrimental to the public health, safety, and general welfare of the citizens of the City and, therefore, such conduct must be regulated as provided herein; and
F. Regulation of the sexually oriented adult entertainment industry is necessary because in the absence of such regulation significant criminal activity has historically and regularly occurred; and
G. It is necessary to have a licensed manager on the premises of establishments offering sexually oriented adult entertainment at such times as such establishments are offering sexually oriented adult entertainment so that at all times necessary, there will be an individual responsible for the overall operation of the establishments, including the actions of patrons, and other employees; and
H. The license fees required herein are reasonable fees imposed as necessary regulatory measures designed to help defray the substantial expenses incurred by the City in regulating the sexually oriented adult entertainment industry; and
I. Businesses providing sexually oriented adult entertainment are increasingly associated with ongoing prostitution, illegal drug transactions, disruptive conduct and other criminal activity which is currently not subject to effective regulation and which constitutes an immediate threat to the public peace, health and safety; and
J. Concern over sexually transmitted diseases is a legitimate health concern of the City which requires regulation of sexually oriented adult entertainment businesses in order to protect the health and well being of the public. (Ord. 2024 § 1, 1993).
5.15.020 Purpose and intent.
The purpose and intent of the Mountlake Terrace City Council and this chapter is to maintain and protect the health, safety and welfare of its citizens, through the regulation of the operations of sexually oriented adult arcade premises. The regulations set forth herein are intended to prevent health and safety problems in and around sexually oriented adult arcade premises and to prevent dangerous and unlawful conduct in and around sexually oriented adult arcade premises. (Ord. 2024 § 2, 1993).
5.15.030 Definitions.
The words and phrases in this chapter, unless the context otherwise indicates, shall have the following meanings:
A. “City Clerk” means the Mountlake Terrace City Clerk or his/her designee.
B. “Sexually oriented adult arcade” or “sexually oriented adult arcade premises” means any premises on which any sexually oriented adult arcade device is located and to which patrons, customers and/or members of the public are admitted.
C. “Sexually oriented adult arcade device”, sometimes also known as “panoram”, “preview”, “picture arcade”, or “peep show” means any device which, for payment of a fee, membership fee, or other charge, is used to exhibit or display a picture, view, film, videotape, or videodisc, live show or other graphic display of “specified anatomical areas”. All such devices are denominated under this chapter by the term “sexually oriented adult arcade device”.
D. “Sexually oriented adult arcade manager” means any person who manages, operates, directs, administers, or is in charge of, the affairs and/or the conduct of any sexually oriented adult arcade premises.
E. “Sexually oriented adult arcade owner” means any person who owns and/or has a substantial ownership interest in the business.
F. “Sexually oriented adult arcade station or booth” means such enclosures where a patron, member, or customer would ordinarily be positioned while using an sexually oriented adult arcade device or viewing a live show. Sexually oriented adult arcade station or booth shall also refer to the area in which a sexually oriented adult arcade device is located and from which the sexually oriented adult arcade picture, view, live show or graphic display is to be viewed. The words “sexually oriented adult arcade station or booth” do not mean such enclosures that are private offices used by owners, managers, or persons employed on the premises for attending the tasks of their employment, which enclosures are not held out to the patron, members or the public for use, for hire or for a fee for the purpose of viewing the entertainment provided by the arcade device or live show, and are not open to any persons other than employees.
G. The words “open to an adjacent public room so that the area inside is visible to persons in the adjacent public room” mean that there may be no door, curtain, partition or other device extending from the floor to the top of the door frame with the exception of a door which is completely transparent and constructed of safety glass as specified in the Uniform Building Code so that the activity and occupant inside the enclosure may be clearly and easily viewed or seen by persons outside the enclosure from any point in the adjacent public room.
H. “Specified anatomical areas” means:
1. Human genitals, human anus, pubic area, and female breast below a point immediately above the top of the areola, when such areas are less than completely and opaquely covered; and
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
I. “Specified sexual activities” means:
1. Human genitals in a state of sexual stimulation or arousal; and
2. Acts of human masturbation, sexual intercourse, or sodomy; and
3. Fondling or other erotic touching of human genitals, pubic area or female breast. (Ord. 2024 § 3, 1993).
5.15.040 Interior configurations and operation.
All owners of sexually oriented adult arcade premises must ensure that the premises comply with the criteria set out in subsections A through F of this section:
A. Premises. Restrooms may not contain video reproduction equipment.
B. Steps/Risers. No steps or risers are allowed in any sexually oriented adult arcade booth or station.
C. Seating. No sexually oriented adult arcade station or booth shall have more than one stool type seat. In order to prevent obscuring the occupant of an sexually oriented adult arcade station or booth from view, no stool for seating within an sexually oriented adult arcade station or booth shall have any seatback or sides. The seat cannot be positioned behind the doorway so that the occupant sits with his or her back to the door.
D. Ventilation and Other Holes. All ventilation devices between the sexually oriented adult arcade booths must be covered by a permanently affixed ventilation cover. Ventilation holes may only be located one foot from the top of the booth walls or one foot from the bottom of the booth walls. There may not be any other holes or openings between the booths.
E. Sexually Oriented Adult Arcade Booth or Station. All sexually oriented adult arcade stations or booths must be open to an adjacent public room so that the area inside is visible by direct line of sight to persons in the adjacent public room. No sexually oriented adult arcade station, booth or viewing area may be obscured by any curtain, door, wall, or other nontransparent enclosure.
F. Hours of Operation. It is unlawful for any sexually oriented adult arcade premises to be operated or otherwise open to the public between the hours of 2:00 a.m. and 10:00 a.m. (Ord. 2024 § 4, 1993).
5.15.050 Applicability.
This chapter shall constitute the exclusive means of licensing “sexually oriented adult arcades,” “sexually oriented adult arcade premises,” or “sexually oriented adult arcade devices” and no other Mountlake Terrace licensing provisions shall apply to the subject matter licensed under this chapter. The licenses required under this chapter are separate from and in addition to the business license that may be required under Chapter 5.05 MTMC when applicable. (Ord. 2764 § 7, 2019; Ord. 2024 § 5, 1993).
5.15.060 License requirements.
A. It is unlawful to display, exhibit, expose or maintain upon any premises to which members of the public are admitted any sexually oriented adult arcade device without a valid and current license for such premises, to be designated a “sexually oriented adult arcade premises license”.
B. A separate license is required for each sexually oriented adult arcade premises and the same shall at all times be conspicuously posted and maintained therein.
C. The City Clerk shall prescribe the form of such license, number the same, and shall indicate thereon the number of sexually oriented adult arcade devices which may be operated thereunder, and the location of the licensed sexually oriented adult arcade premises. (Ord. 2024 § 6, 1993).
5.15.070 Sexually oriented adult arcade owner’s license required.
It is unlawful to own and exhibit or display for public use, or to place with another, by lease or otherwise, for public use, exhibit or display, any sexually oriented adult arcade device without a valid and current license to be designated an “sexually oriented adult arcade owner’s license”. The City Clerk shall prescribe the form of such license and shall number the same. (Ord. 2024 § 7, 1993).
5.15.080 Sexually oriented adult arcade device license required.
A. It is unlawful to exhibit or display for public use any sexually oriented adult arcade device upon any sexually oriented adult arcade premises without first having obtained a license for each such sexually oriented adult arcade device, to be designated a “sexually oriented adult arcade device license”.
B. Sexually oriented adult arcade device licenses shall be issued for a specific sexually oriented adult arcade premises only, and shall not be transferable.
C. The current sexually oriented adult arcade device license for each sexually oriented adult arcade device shall be securely attached to such sexually oriented adult arcade device in a conspicuous place.
D. The City Clerk shall prescribe the form of such license and number the same. (Ord. 2024 § 8, 1993).
5.15.090 License fees – Term – Assignment – Renewals.
A. The license year shall be from January 1st, to December 31st of each year. All licenses shall expire on the thirty-first of December each year. Except as hereinafter provided, all license fees shall be payable on an annual basis. Annual license fees shall be as follows:
1. Sexually oriented adult arcade premises license: $500.00 per annum;
2. Sexually oriented adult arcade device license: $30.00 per annum for each device;
3. Sexually oriented adult arcade owner license: $800.00 per annum.
B. License fees shall not be prorated, except that if the original application for license is made subsequent to June 30th in any year, the license fee for the remainder of that year shall be one-half of the annual license fee. Licenses issued under this chapter may not be assigned or transferred to other operators, premises or devices.
C. Applications for renewal of licenses issued under this chapter shall be filed with the City Clerk on or before the expiration date provided for in this section in the same manner and accompanied by payment of the same fees as are in effect for an original application for that license for the license year applied for. There shall be assessed and collected by the City Clerk an additional charge, computed as a percentage of the license fee, on renewal applications not made on or before the licensee expiration date, as follows:
1. One to 10 days inclusive: no penalty;
2. Eleven days to 30 days inclusive: a penalty of 10 percent of the license fee;
3. Over 30 days: cancelled. (Ord. 2024 § 9, 1993).
5.15.100 License application – Report by City departments.
A. Any person seeking an sexually oriented adult arcade premises, sexually oriented adult arcade owner’s or sexually oriented adult arcade device license shall file a written application with the City Clerk on a form provided by the City Clerk for that purpose.
1. The applicant himself/herself must prepare and sign the application. If the applicant is a partnership, a partner must sign and the names of the partners in full shall be given with their current residences. If the applicant is a corporation, an authorized officer thereof must sign and the names and current residences of all of the officers and directors or trustees of the corporation shall be given, together with the location of the principal office or place of business of such corporation. All corporations must designate an agent to receive service for said corporation.
2. The City Clerk, upon presentation of such application and before acting upon the same, shall refer such application to the Mountlake Terrace Police Department, who shall make a full investigation as outlined in subsection C of this section, and to the Mountlake Terrace Fire Department, the Snohomish County Health Department and the Department of Building and Land Use, which shall investigate and provide information to the City Clerk concerning compliance of the premises and devices sought to be licensed with this and other applicable City and state health, zoning, building, fire and safety ordinances and laws.
B. The following information shall accompany each application for a license:
1. Sexually oriented adult arcade premises license:
a. The name, address and telephone number of each person applying for the license;
b. The name, address and telephone number of each person holding an ownership, leasehold or interest in the sexually oriented adult arcade premises;
c. The name, address and telephone number of the manager or other person responsible for the operation of the premises;
d. A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county, or state except parking violations or minor traffic infractions.
e. The address of the premises;
f. The number of sexually oriented adult arcade devices to be located on the premises.
g. A sketch or drawing sufficient to show the layout of the premises, including all information necessary to determine whether the premises complies with the provisions of this chapter.
2. Sexually oriented adult arcade device license:
a. The name, address and telephone number of each person applying for the license;
b. The name, address and telephone number of each person holding an ownership, leasehold or other interest in the sexually oriented adult arcade device;
c. The name, address and telephone number of each person responsible for the operation of the sexually oriented adult arcade;
d. The address at which the sexually oriented adult arcade device is to be located;
e. A description, including make, model and serial number of the device.
f. A complete statement of all convictions of the applicant for any misdemeanor or felony violations in this or any other city, county, or state except parking violations or minor traffic infractions.
3. Sexually oriented adult arcade owner’s license:
a. The name, address and telephone number of each person applying for the license;
b. The name, address and telephone number of each person holding an ownership, leasehold or other interest in each sexually oriented adult arcade device;
c. A list of all sexually oriented adult arcade devices and premises at which sexually oriented adult arcade devices are located, together with a description, including make, model and serial number of all sexually oriented adult arcade devices.
C. The investigation by the Mountlake Terrace Police Department shall include a review of all criminal records of the applicant. Further, the investigation shall consist of fingerprinting and photographing the applicant, a full investigation of the truth of the statements in the application, and all other matters which might tend to aid in the determination of whether to grant the license. The Mountlake Terrace Police Department shall then inform the City Clerk as to the results of its investigation and its recommendation as to the disposition of said application. (Ord. 2024 § 10, 1993).
5.15.110 Inspection of sexually oriented adult arcade premises.
A. Applicants for any license authorized to be issued under this chapter shall allow the premises and devices sought to be licensed to be inspected by authorized inspectors from the Mountlake Terrace Police Department, the Mountlake Terrace Fire Department, the Department of Building and Land Use and the Snohomish County Health Department, for the purpose of determining whether they comply with this chapter.
B. Licensees operating premises and devices licensed under this chapter shall hold those areas upon the premises which are accessible to the public and the devices therein open for routine regulatory inspections by the City during normal business hours. (Ord. 2024 § 11, 1993).
5.15.120 Issuance of licenses.
A. After the investigation by the Mountlake Terrace Police Department and the other named departments herein, the City Clerk shall approve or deny all applications for licenses required hereunder.
No license shall be issued pursuant to the provisions of this title to the following persons:
1. Any applicant, his or her employees, agent, partner, director, officer or manager who knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or record required to be filed with the City Clerk;
2. Any person who is not 18 years of age at the time of the application;
3. Any person who has had a license revoked within a period of one year prior to the date of making application for a license hereunder;
4. Any person who is not qualified under any specific provision of this title for any particular license for which application is made;
5. Any person who at the time of application is in default in the payment of any sum due the City of Mountlake Terrace for any license;
6. Any person whose license is under suspension or revocation at the time of application for a license;
7. Any partner, corporate officer or director who does not meet the qualifications of this section.
No license shall be issued unless the premises where the activity is to be conducted complies with the requirements of all governmental agencies, including, but not limited to, federal, state, city and county resolutions relating to buildings, fire, health, sanitation, zoning, taxation, public safety, and all other requirements and conditions specifically set forth in other sections of this title.
The mere filing of an application for a license shall not give the applicant any right to engage in the activity covered thereby.
B. The decision of the City Clerk regarding issuance of any license shall be rendered within 30 days of the date of filing of the application. (Ord. 2024 § 12, 1993).
5.15.130 Suspension or revocation of licenses – Notice – Summary suspension.
A. After an investigation and upon the recommendation of either the Mountlake Terrace Police Department, Director of Planning and Development, Mountlake Terrace Fire Department, or the Snohomish County Health Officer, the City Clerk shall, upon 30 days’ notice, temporarily or permanently suspend or revoke any license issued pursuant to this chapter where one or more of the following conditions exist:
1. The applicant, his or her agent, partner, director, officer or manager has knowingly made any false, misleading or fraudulent statement of material fact in the application for a license, or in any report or records required to be filed with the clerk; or
2. The building, structure, equipment or location of the business for which the license was issued does not comply with the requirements or fails to meet the standards of this chapter;
B. If the City Clerk finds that any condition set forth in MTMC 5.15.120(A) exists, and that such condition constitutes a threat of immediate serious injury or damage to person or property, the City Clerk shall immediately suspend any license issued under this chapter pending a hearing on the City Clerk’s decision to suspend or revoke the license, in which event the licensee shall be entitled to a hearing in accordance with MTMC 5.15.140. The notice of immediate suspension of license given pursuant to this subsection shall set forth the basis for the City Clerk’s action and the facts supporting the City Clerk’s finding regarding the condition found to exist that constitutes a threat of immediate serious injury or damage to person or property. (Ord. 2024 § 13, 1993).
5.15.140 Appeal and hearing.
A. Any person aggrieved by the action of the City Clerk in refusing to issue or renew any license under this chapter or in temporarily or permanently suspending or revoking any license issued under this chapter shall have the right to appeal such action to the Mountlake Terrace Hearing Examiner, or to such other hearing body as may hereafter be established by the City Council for the hearing of such appeals, by filing a notice of appeal with the City Clerk within 10 working days after receiving notice of the action from which appeal is taken.
B. The Hearing Examiner, or other hearing body as may hereafter be established by the City Council, upon receipt of a timely notice of appeal, shall set a date for a de novo hearing of such appeal. The Hearing Examiner, or other hearing body, shall hear testimony, take evidence, and may hear oral argument and receive written briefs. Except in cases of summary suspension of licenses because of the threat of immediate serious injury or damage to person or property pursuant to MTMC 5.15.130(B), the filing of such appeal shall stay the action of the City Clerk, pending the decision of the Hearing Examiner or other hearing body. In cases of summary suspension of licenses because of the threat of immediate serious injury or damage to persons or property pursuant to MTMC 5.15.130(B), the Hearing Examiner shall render a decision within 10 days of the conclusion of the hearing.
C. The decision of the Hearing Examiner or other hearing body on an appeal from a decision of the City Clerk shall be based upon a preponderance of the evidence. The burden of proof shall be on the City Clerk.
D. The decision of the Hearing Examiner or other hearing body shall be final unless appealed to the Superior Court within 21 days of the date the decision is entered by the filing of an appropriate action and serving of all necessary parties. (Ord. 2481 § 4, 2008; Ord. 2024 § 14, 1993).
5.15.150 Premises regulations.
The City Clerk shall not license any sexually oriented adult arcade premises which do not conform to the following requirements, and shall revoke or suspend the license of any sexually oriented adult arcade premises, and the license of any operator thereof, which do not maintain conformity with the following requirements:
A. The viewing areas within the sexually oriented adult arcade premises shall be visible from a continuous main aisle and shall not be obscured by any curtain, door, wall or other enclosure. As used in this section “viewing area” means the area where a patron or customer would ordinarily be positioned while watching a film, video or other viewing device.
B. The licensee shall not permit any doors to public areas on the premises to be locked during business hours in compliance with the applicable provision of the Mountlake Terrace Building Code, Uniform Fire Code, and National Fire Protection Association Code.
C. A sexually oriented adult arcade device operator must, at all times when the premises are open or when any member of the public is permitted to enter and remain there, maintain illumination at a minimum level of 10 foot-candles at floor level, generally distributed in all parts of the premises available for use by the public.
D. The licensee shall not permit more than one person to occupy a sexually oriented adult arcade station or booth at any time and public notices to this effect shall at all times be conspicuously posted and maintained on the sexually oriented adult arcade premises. (Ord. 2024 § 15, 1993).
5.15.160 Duties – Standards of conduct – Operational requirements.
It is the continuing duty of the owner, manager, operator, agent, or employee present in the premises to ensure compliance with MTMC 5.15.040(A) through (F).
A. There must be at least one employee on duty and situated in the public room adjacent to the sexually oriented adult arcade stations or booths at all times that any patron, member, or customer is present inside the premises.
B. There must be permanently posted and maintained in at least two conspicuous locations on the interior of every sexually oriented adult arcade premise a sign stating substantially the following:
Occupancy of any station or booth is at all times limited to one person. There may be no acts of lewd or obscene conduct in the stations or booths or on the premise. Violators are subject to criminal prosecution.
Each sign must be conspicuously posted and not screened from the patron’s view. The letters must be on a contrasting background and shall be no smaller than three-quarters inch in height.
C. The premises must be equipped with overhead lighting fixtures of sufficient intensity to illuminate every place to which patrons, members, or customers are permitted access at an illumination of not less than 10 foot-candles as measured at the floor level at all times while patrons, members or customers are permitted within the premises.
D. Doors to areas on the premises which are available for use by persons other than the owner, manager, operator or their agents or employees may not be locked during business hours.
E. The unobstructed view into the sexually oriented adult arcade booths or stations from the adjacent public room by direct line of sight must remain unobstructed by any doors, walls, merchandise, display racks or other materials at all times.
F. No patron, member, or customer is permitted access to any area of the premises which has been designated as an area in which patrons, members or customers will not be permitted.
G. No sexually oriented adult arcade booth or station may be occupied by more than one person at any time.
H. There may be no acts of lewd or obscene conduct in the sexually oriented adult arcade stations or booths or on the premises.
I. No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of warning or aiding and abetting the warning of patrons, members, customers or any other persons occupying sexually oriented adult arcade stations or booths located on the premises that police officers or City health, fire licensing or building inspectors are approaching or have entered the premises.
J. No person under the age of 18 years of age may be on or within a sexually oriented adult arcade premise whether as a patron, member, customer, agent, employee or independent contractor. (Ord. 2024 § 16, 1993).
5.15.170 Civil remedies.
The violation of or failure to comply with or perform any duty within this chapter is declared to be unlawful and a public nuisance. The City of Mountlake Terrace may seek legal or equitable relief to enjoin any act or practice which constitutes or will constitute a violation of any regulation herein adopted. (Ord. 2024 § 17, 1993).
5.15.180 Criminal penalties.
Any person violating any of the provisions of this chapter is guilty of a gross misdemeanor, punishable by a $5,000 fine and/or one year in jail or both. Each separate day or any portion thereof, during which any violation of any provision of this chapter occurs or continues, shall be deemed a separate and distinct offense. (Ord. 2024 § 18, 1993).
5.15.190 Prohibited location.
No location license shall be issued for nor shall any such device as described in MTMC 5.15.030 be used or operated within 500 feet of any residential zone or any single-family or multiple-family residential use; within 500 feet of any public park; within 500 feet of any church or other religious facilities or institutions; within 500 feet of any public or private school; within 500 feet of any day care centers. (Ord. 2024 § 19, 1993).
5.15.200 Chapter not intended towards particular group or class.
A. It is the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the term of this chapter.
B. No provision nor any term used in this chapter is intended to impose any duty whatsoever upon the City or any of its officers or employees, for whom the implementation or enforcement of this chapter is discretionary and not mandatory.
C. Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the City, or its officers, employees or agents, for any injury or damage resulting from the failure of any owner, operator, manager, or other person in charge of said premises to comply with the provisions of this chapter, or by reason or in consequence of any inspection, notice, order, certificate, permission or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter, or by reason of any action or inaction on the part of the City related in any manner to the enforcement of this chapter by its officers, employees or agents. (Ord. 2024 § 20, 1993).